(General Regulatory Chamber)
Information Rights
B e f o r e :
MEMBER GRIMLEY-EVANS
MEMBER MURPHY
____________________
ANDREW PETER MCCARTNEY | Appellant | |
and | ||
THE INFORMATION COMMISSIONER | Respondent |
____________________
____________________
Crown Copyright ©
Decision: The appeal is dismissed
Background
I want to know the number of parking charge notices issued by the contractor 'Car Parking Partnership (trading name of Parkingeye Limited (company number 5134454) who manage the car park 'University, Coventry Blue Badge 6 for the period since 1st May 2021 to the 1st September 2023. And how many have been issued and the number that remains due with the total value."
Legal framework
a. that the Decision Notice is not in accordance with the law, or
b. that the Commissioner ought to have exercised any discretion he had differently.
Evidence and documents
a. The NHS guidance Public Private Partnerships in the National Health Service: The Private Fiance Initiative. This is a good practice guide and summarises the operation of Private Finance Initiatives in the NHS.
b. Standardisation of PFI Contracts Version 4 (March 2007). This is guidance published by HM Treasury which sets out a standard approach to PFI contracts.
c. Car Parking Service Level Specification for the Trust
d. Letter from ISS to CRHC PLC refusing to provide the information sought, dated 2 May 2024.
The Appellant's case
a. CPP is exercising a public function and its actions are therefore amenable to judicial review.
b. CPP should apply all Government guidance applicable to its activities, including free parking for blue badge holders in specified circumstances.
c. That the Trust failed to ensure that free car parking was available for inter alia blue badge holders in the circumstances required by NHS guidance.
d. The Appellant was wrongly issued a parking fine by CPP, in breach of NHS policies.
e. CPP improperly or unlawfully accessed the Appellant's information on the DVLA KADOE system.
The Commissioner's case
Conclusions
Decision
Signed Judge Watton
Date: 18 May 2025